Gaurishankar Borkar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.1209 of 2019 Gaurishankar Borkar S/o Late Nathuji Borkar Aged About 66 Years R/o Plot No. 10, Ward No. 15, Nehru Nagar, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Education Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Director Lok Shikshan Sanchanalay, Indrawati Bhawan, Naya Raipur, Chhattisgarh.

3. Joint Director Treasury, Account And Pension Raipur, District Raipur, Chhattisgarh.

4. Accountant General Raipur, District Raipur, Chhattisgarh.

5. The Collector Bemetara, District Bemetara, Chhattisgarh.

6. Treasury Officer Bemetara, District Bemetara, Chhattisgarh.

7. District Education Officer Bemetara, District Bemetara, Chhattisgarh. ---Respondents For Petitioner :

Mr. Punit Ruparel, Advocate For Respondent No.4 :

Mr. Raj Kumar Gupta, Advocate.

For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/02/2019 1.

The limited grievance which the petitioner has raised in the present writ petition is that the petitioner, though he has retired on 30.11.2012, till the date retiral dues have not been released to the petitioner.

2.

Counsel for the petitioner further submits that there were two departmental inquiries which were initiated against the petitioner. In both these departmental inquiries orders have been passed exonerating the petitioner and he has also been granted the consequential promotional benefits in the light of the exoneration

-2from the departmental inquiry and as such there is no further disqualification left for denying his retiral dues. 3.

According, to the petitioner the respondents have issued various correspondence which shows that there is an approval for release of his pension, gratuity, etc, but though orders have been issued but it has in fact till date not been implemented and he has not received any retiral dues whatsoever till date.

4.

Given the aforesaid submission by the counsel for the petitioner this Court is of the opinion that ends of justice would serve if the respondent No. 2 and 3 are directed to ensure that the retiral dues payable to the petitioner (if it has not been paid) be released forthwith within a period of 90 days from the date of receipt of copy of this order.

5.

The respondents would only consider the case of the petitioner in case if it already has not been released to him in such event an appropriate communication be made to the petitioner in this regard. However, in case any further dues which are yet to be paid that is if something is left to be paid by way of arrears or revision of pay etc., the same may be processed without any further delay. 6.

It shall be the responsibility of the petitioner to apprise the respondent No. 2 and 3 , so far as the order passed by this Court is concerned.

Sd/- (P. Sam Koshy) Judge Jyoti